2018 Louisiana Laws
Revised Statutes
TITLE 40 - Public Health and Safety
RS 40:2845 - Board; functions, powers, and duties
§2845. Board; functions, powers, and duties
A. The board shall:
(1) Establish and maintain a statewide trauma system that shall include a centralized communication center for resource coordination of medical capabilities for participating trauma centers as defined by R.S. 40:2171 and emergency medical services.
(2) Provide for implementation of a network and plan designed to achieve:
(a) A reduction of deaths and incidents of morbidity caused by trauma and time-sensitive illnesses.
(b) A reduction in the number and severity of disabilities caused by trauma.
(c) Measures to demonstrate a return on investment for the LERN system.
(d) Implementation of regional injury prevention programs.
(3)(a) Establish and appoint nine regional commissions that correspond with the nine administrative regions of the department. These regional commissions shall implement and manage each regional component of the network. The board shall promulgate rules and regulations to provide for the duties and responsibilities of the nine regional commissions.
(b) The membership of each commission shall consist of the following members including but not limited to:
(i) A representative from the Governor's Office of Homeland Security and Emergency Preparedness.
(ii) The Louisiana Department of Health, office of public health regional medical director.
(iii) A representative of local ambulance services.
(iv) A representative of emergency medical response.
(v) A hospital chief executive officer or administrative representative from a hospital with less than sixty beds.
(vi) A hospital chief executive officer or administrative representative from a hospital with more than one hundred beds.
(vii) A hospital chief executive officer or an administrative representative from a service district hospital.
(viii) A representative of the local component society of the Louisiana State Medical Society.
(ix) A representative of the local chapter of the Louisiana Medical Association.
(x) A specialist from the American College of Emergency Physicians.
(xi) A specialist from the American College of Surgeons.
(xii) A representative from the Louisiana Chapter of the National Emergency Number Association.
(4)(a) Enter into interagency agreements with the department, the Governor's Office of Homeland Security and Emergency Preparedness, and such other entities, public or private, as may be necessary to assure continuity of care during emergencies.
(b) Agreements between the board and these entities shall provide for the protocols of mandatory data collection and shall include provisions regarding the specific data to be shared among the entities, the individual or individuals allowed by each party to have access to the other party's data, and the security arrangements between the parties to ensure the protection of the data from unauthorized access that would threaten the privacy of individuals and the confidentiality of the data.
(c) The parties shall not agree to share data pursuant to a specific agreement if any law would otherwise prohibit the sharing of such data by the parties.
(d) The parties shall protect all individually identifiable health information to the extent of their ability within the context of the mission of the Louisiana Emergency Response Network.
(5) Hold regular quarterly meetings and special meetings as necessary for the conduct of its business. Special meetings may be called upon forty-eight-hour notice by the chairperson, or in his absence, upon the written authorization of a majority of the members of the board.
(6)(a) Establish and maintain a statewide trauma registry to collect and analyze data on the incidence, severity, and causes of trauma, including traumatic brain injury. The registry shall be used to improve the availability and delivery of pre-hospital or out-of-hospital care and hospital trauma care services.
(b) The board shall promulgate rules and regulations according to the Administrative Procedure Act to do the following:
(i) Define specific data elements required to be furnished to the registry by every healthcare facility certified by the department as a trauma center.
(ii) Define trauma data elements that all other healthcare facilities shall be required to furnish to the registry.
(iii) Establish a process for submission, analysis, and reporting of registry data.
(c) Required reporting to the state trauma registry is contingent on LERN providing adequate financial support through the Louisiana Emergency Response Network Fund to cover administrative costs.
(7) Work with the department to develop stroke and ST segment elevation myocardial infarction (STEMI) systems that are designed to promote rapid identification of, and access to, appropriate stroke and STEMI resources statewide.
B. In addition to its function as provided in Subsection A of this Section, the board shall have the following powers and duties:
(1) To enter into any contract related to its responsibilities in compliance with this Chapter and other state laws.
(2) To employ an executive director and necessary staff to oversee the operations of the network and to be responsible to the board for the administration and coordination of all aspects of the network.
(3) To standardize and review performance indicators that evaluate the quality of services delivered by the network and to ensure that improvement in the quality of services delivered is accomplished and documented.
(4) Shall apply for all available appropriate public and all available appropriate public* and private federal grants, donations, or gifts of money or services from any available source.
C.(1) The board shall submit an annual written report to the Senate and House committees on health and welfare at least thirty days prior to each regular session. The report shall include a summary of the data relevant to the goals set forth in Paragraph (A)(2) of this Section and all other information relevant to trauma-patient care and its delivery in Louisiana through the network.
(2) The board shall submit any additional reports or information to the secretary of the department upon request of the secretary and the Senate and House committees on health and welfare upon request of the chairman of either committee.
D.(1) The board may accept grants, donations, or gifts of money or services from public or private organizations or from any other sources to be utilized for the purposes of the board.
(2) There is hereby created in the state treasury, a special fund called the Louisiana Emergency Response Network Fund. The source of monies deposited into the fund may be any monies appropriated annually by the legislature, including federal funds, any public or private donations, gifts, or grants from individuals, corporations, nonprofit organizations, or other business entities which may be made to the fund, and any other monies which may be provided by law.
(3) Monies in the fund shall be invested in the same manner as monies in the state general fund, and interest earned on investment of monies in the fund shall be credited to the state general fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
E. Subject to any appropriation by the legislature, monies in the fund shall be used as directed by the board solely to fund grants, projects, and services which will address the goals and objectives of the board as authorized in this Chapter.
F. In addition to annual reports to the legislature, the board may publish documents and materials intended to further the mission or purpose of the board.
Acts 2004, No. 248, §2, eff. June 15, 2004; Acts 2006, 1st Ex. Sess., No. 35, §8, eff. March 1, 2006; Acts 2006, No. 442, §3, eff. June 15, 2006; Acts 2010, No. 934, §1; Acts 2018, No. 206, §4.
*As appears in enrolled bill.
